Yes, but not immediately. The landlord must first pay the Court Enforcement Office (the Sheriff) roughly $315 CAD plus mileage to physically execute the eviction. Afterwards, the landlord can file a separate legal action at the LTB or Small Claims Court to legally force the evicted tenant to reimburse these enforcement costs.
Winning an eviction order at the Landlord and Tenant Board (LTB) is only half the battle. In Ontario, it is completely illegal for a landlord to change the locks, remove a tenant’s belongings, or physically force a tenant out of the property, even if they hold a valid LTB order.
If the termination date on the LTB order passes and the tenant refuses to leave their Toronto apartment or Windsor house, the landlord has only one legal option: hiring the Court Enforcement Office, commonly known as the Sheriff. 👮 The Sheriff is the only provincial official authorized to physically enforce an eviction under the Residential Tenancies Act. However, the Sheriff’s services are not free. Landlords must pay significant upfront fees to schedule the enforcement. This guide explains the step-by-step eviction enforcement process, the exact costs involved, and how landlords can legally charge these costs back to the defaulting tenant.
Step-by-Step Process of a Sheriff Eviction in Ontario
Executing an eviction is a highly regulated process to ensure the physical safety of all parties involved and to prevent illegal lockouts. The process moves from the LTB tribunal straight into the local Superior Court system.
Step 1: Obtaining the Standard LTB Eviction Order
Before involving the Sheriff, the landlord must have a legally valid Eviction Order signed by an LTB adjudicator. 📄 This order will specifically state a “termination date”-the exact day the tenancy legally ends. The landlord must wait until the day after this termination date to take any further action. If the tenant leaves voluntarily by midnight on that date, no Sheriff is needed.
Step 2: Filing at the Court Enforcement Office
If the tenant stays, the landlord must take their official LTB Eviction Order to the local Court Enforcement Office (usually located inside the local Superior Court of Justice courthouse in cities like Ottawa, Mississauga, or Hamilton). The landlord will fill out an eviction instruction form, providing details about the property, safety concerns, and paying the mandatory upfront government fees.
Step 3: The Notice to Vacate
The Sheriff does not show up unannounced. Once the fee is paid, a Sheriff’s officer will drive to the rental unit and post a “Notice to Vacate” directly on the tenant’s door. 📝 This final legal warning typically gives the tenant exactly 7 days to pack their belongings and leave the premises voluntarily before physical removal occurs.
Step 4: The Physical Eviction Day
If the tenant is still inside the unit after the 7-day warning period expires, the Sheriff will return to the property at a scheduled time. The landlord must be present with a locksmith. The Sheriff will order the tenant to leave immediately. If they refuse, the Sheriff can physically remove them (and can call local police for backup if violence occurs). Once the unit is clear, the locksmith changes the locks, legally returning possession to the landlord.
Step 5: Storing the Tenant’s Property
Under Ontario law, once the Sheriff executes the eviction, the landlord must give the evicted tenant exactly 72 hours (3 days) to retrieve any belongings left behind. 📦 The landlord must make the property accessible during reasonable hours. If the tenant does not collect their items within 72 hours, the landlord may legally sell, keep, or throw away the remaining property.
Step 6: Pursuing the Tenant for Reimbursement
To get the Sheriff’s fee back, the landlord can file an L10 Application with the LTB (if the tenant has already moved out) to claim former tenant arrears and out-of-pocket expenses. Alternatively, they can file a lawsuit in the Ontario Small Claims Court to recover the $315 fee, locksmith costs, and any remaining unpaid rent.
How Much Does it Cost in Ontario?
Eviction enforcement is expensive, and landlords must cover these costs entirely out-of-pocket to initiate the process. Depending on the location of the property, travel fees can increase the total bill significantly.
| Type of Eviction Expense | Estimated Cost (CAD) | Details and Explanations |
|---|---|---|
| Sheriff’s Base Filing Fee | $315.00 | The mandatory flat fee charged by the Ministry of the Attorney General to open an eviction enforcement file. |
| Sheriff Mileage Fees | $0.58 – $0.65 / km | The landlord must pay the Sheriff’s driving mileage. They charge for the trip to post the Notice, and the trip to execute the eviction. |
| Locksmith Fees | $150 – $300+ | The landlord is strictly responsible for hiring and paying a private locksmith to meet the Sheriff on the day of eviction. |
| Small Claims Filing Fee | $108.00 | If the landlord sues the tenant in Small Claims Court to recover the Sheriff’s costs, this is the basic court filing fee. |
While landlords have the legal right to chase the tenant for these amounts, actually collecting the money can be difficult. If the tenant is unemployed or untraceable, the landlord may have to rely on wage garnishments down the road. 💵
How Long Does the Process Take?
Once an LTB order is obtained, the timeline to actually remove the tenant depends entirely on the workload of the local Sheriff’s office.
- Notice to Vacate: The Sheriff usually posts the warning notice within 1 to 2 weeks of the landlord paying the fee.
- The Warning Period: The tenant is legally granted 7 days after the notice is posted on the door to leave voluntarily.
- Final Enforcement: Depending on the city, scheduling the actual physical removal can take anywhere from 2 to 6 weeks. In highly populated areas like Toronto, Sheriffs are notoriously backlogged.
Frequently Asked Questions (FAQ)
Can I call the local police to evict my tenant?
No. Local police departments (like the Toronto Police or OPP) consider landlord-tenant disputes to be civil matters. They will not enforce an LTB Eviction Order. Only the Court Enforcement Office (Sheriff) has the legal authority to change the locks and remove a tenant under the Residential Tenancies Act.
What happens if the landlord changes the locks without the Sheriff?
This is an illegal lockout and a severe provincial offence. The tenant can call the police to regain entry, and they can file a T2 application at the LTB. The adjudicator can fine the landlord up to $50,000, order them to pay for the tenant’s hotel stays, and force the landlord to let the tenant back into the unit.
Can the tenant stop the Sheriff from evicting them?
Yes, but only by taking urgent legal action. A tenant can file a “Motion to Stay” or a “Request to Review” at the LTB. If an adjudicator grants the stay, the eviction is legally paused. The tenant must immediately take the approved Stay Order to the Sheriff’s office to stop the physical removal.
Do I have to pay the tenant’s moving costs?
No. Once the Sheriff executes the eviction, it is not the landlord’s responsibility to pack the tenant’s boxes or hire a moving truck. The tenant is responsible for removing their own belongings during the 72-hour window following the eviction.
Will the Sheriff collect the unpaid rent for me?
No. The Sheriff’s only job in this context is to return physical possession of the property to the landlord. If you want to collect the unpaid rent, you must pursue wage garnishment or bank account seizures through the Small Claims Court process.
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